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What can be included in the amount of the claim of builders lien?

A claim of builders lien can only be for the price of the work performed on, or materials supplied to, the land against which the claim of lien is sought, to the extent that the price remains unpaid. This is because the purpose of the Act is to ensure that those persons who contribute value to land receive at least some compensation for that added value. However, because the claim of builders lien is an extraordinary remedy, there are certain restrictions on what can be included in a claim of lien. A claim of lien can not include such things as:

• Interest on amount owing
• Overhead office costs
• Unliquidated damages
• Work or materials supplied to the same owner, but on different property
• The full amount of the contract, if all work in the contract has not yet been carried out

For additional information on this topic, or any builders lien matter, please contact Amy Mortimore.

Related Topics:

Can a bonus written into the terms of a contract be claimed as part of the lien?

Disclaimer:

This FAQ section is for informational purposes only, for the convenience of our visitors. While these questions and answers are about legal issues, they are not a substitute for consultation with a lawyer, and should not be relied on as a basis for any legal decision. As with anything of a legal nature, different circumstances can create different results.